A.K.ANNAMALAI, J. - (1.) The unsuccessful complainants are the appellants.
(2.) Complainants filed a complaint against the opposite party claiming for direction to repay the cost of vehicle for Rs.40,344/- including accessories or to replace the new vehicle for the same model without collecting any extra cost and Rs.1,50,000/- for mental agony, hardship and Rs.1,000/- as costs.
(3.) The 1st complainant purchased Honda Activa two wheeler for his son-2nd complainant for Rs.38,254/- through the opposite party and by way of finance agreement loan which is repayable in 20 monthly instalments at the rate of Rs.1,930/-EMI. In the month of August 2003 they have shifted their residence from Velachery to Alwarpet. After communicating the same to the opposite party by letter dated 9.9.03. Due to illness and medical treatment, the first complainant failed to pay the instalments for November 2003 and December 2003 and for the dues on receipt of the notice which was sent to the old address she has paid 3 months instalments for November, December 2003 and January 2004 with penal interest in all Rs.6.639/- by way of two cheques and settled the entire due by regularising the account. But in spite of that the opposite party without her knowledge taken possession of the vehicle and as the vehicle was found missing she intimated to the police station and to the opposite party through letter dated 24.2.04 and the opposite party in the guise of helping for claim of insurance to collect R.C. book sent one Mr.John which was handed over. The dues for the month of March 2004 were also collected through the cheque. When she has approached for NOC she came to know the vehicle was sold to the 3rd party and thereby opposite party indulged in unfair trade practice causing mental agony undue hardship to the complainant. Hence the complainant after issuing legal notice on 31.5.04 filed this consumer complaint.;